Rights group Suaram has called on the attorney-general to intervene in a shooting case that happened almost 13 years ago, after two of its letters sent to the Attorney-General’s Chambers went unheeded.
In a joint press conference with Citizen Against Enforced Disappearances (Caged) and PSM, Suaram coordinator Wong Yan Ke said that the letters were sent to Attorney-General Ahmad Terrirudin Mohd Salleh’s office on March 1 and April 18, but received no response.
The demand came following a homicide verdict in an inquest trial at the Ipoh High Court on Jan 18, which ruled that 31-year-old contractor P Kathir Oli was killed after an off-duty police officer, Cheah Yew Teik, shot him.
"Now is the time for the government to make amends for the shortcomings in handling the Kathir death case.
"We demand that the attorney-general use the special powers provision under Article 145(3) of the Federal Constitution, read together with Section 376 of the Criminal Procedure Code, to initiate criminal proceedings,” Wong told reporters after handing over a memorandum in front of the AGC headquarters in Putrajaya.
The group wants the AG to charge Cheah under Section 302 of the Penal Code for murder based on the findings of the inquest appeal.
In 2019, the lawyer representing the victim’s family revealed the charges against Cheah were mala fide and unrelated to Kathir’s death.
The Ipoh Sessions Court then ruled an inquest had to be conducted.
On Jan 18 this year, the Ipoh High Court overturned the earlier coroner's finding due to errors, contradictory evidence and testimonies.
The High Court ruled that Kathir’s death was a homicide and not self-defence, as the police previously claimed.
Suaram pointed out that police shootings are nothing new, with 14 cases documented in 2023 alone where nine people were killed.
"This long-standing problem has seen no progressive change," it added.
‘Clear misconduct’
Suaram stressed Articles 5(1) of the Federal Constitution and the Universal Declaration of Human Rights which guarantee the right to life and no one should be arbitrarily deprived of life except in accordance with the law.
Under the Police Act and Firearms Act, police use of firearms is limited only to on-duty situations as a last resort with prior verbal warning and warning shots.
"Our examination found clear issues of misconduct and rights violations, including Cheah using his firearm off-duty, failing to issue verbal warnings or warning shots, and the fatal shooting being unwarranted, unreasonable and unjustifiable which violated Kathir’s right to life,” Wong said.
"Justice delayed is justice denied. After a near 13-year wait, the family finally learned Kathir died due to Cheah's actions,” he added. - Mkini
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